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2001
The
“Anti-Terrorism
Act of 2001 ” was signed into law less
than one week after the terrorist attacks on the World Trade
Center.
Terrorism
Crimes
This
law created new Penal Law offenses for persons who:
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Commit terrorist acts‚
-
Make terrorist threats‚
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Solicit or provide support for terrorist acts‚ or
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Hinder the prosecution of terrorists.
In
New York‚ a person is now guilty of the crime of “Terrorism”
when he or she commits a “specified offense” with
the intent to accomplish one of three goals:
- Intimidate or coerce a civilian population;
- Influence the policy of a unit of government; or
- Affect the conduct of a unit of government.
This
definition of terrorism was the first such terrorism crime
added to New York's penal laws.
Terrorist
Threats
A
crime of making a terrorist threat was also established in
this legislation. A person is now guilty of this offense when
he or she threatens to commit a crime of terrorism and causes
a reasonable expectation or fear of the imminent commission
of such offense.
The
crime applies to false reports of
- A current or pending fire
- Explosion or
- Release of a hazardous substance at the following locations:
- Sports stadium‚
- Mass transportation facility
- Enclosed shopping mall or
- Public places or building
Terrorism
Support
This
law also created a new crime of soliciting or providing support
for terrorism as a class D violent felony‚ punishable by up
to seven years in prison. Terrorists need funding to succeed.
The critical need to choke off the flow of terrorism funding
at its source led New York to also create the crime of soliciting
or providing support for an act of terrorism in the first
degree. A person is guilty of this offense when he or
she solicits or provides an excess of $1‚000 to be utilized
for committing‚ concealing‚ or escaping from an act of terrorism‚
regardless of where the act of terrorism was committed or
intended to be committed. This offense is punishable as a
class “C” Felony with a sentence of up to 15 years in state
prison. The law now defines “material support” or “resources”
as:
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Currency and other financial securities‚
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Financial services‚
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Lodging‚
-
Training‚
-
Safe houses‚
-
False documentation or identification‚
-
Communications equipment‚
-
Facilities‚
-
Weapons‚
-
Lethal Substances‚
-
Explosives‚
-
Personnel‚
-
Transportation‚
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And other physical assets.
It
does not‚ however‚ include medicine or religious materials.
Hindering
Prosecution of Terrorism
Part
of New York's original anti-terrorism legislation‚ is the
new crime of Hindering
Prosecution Of Terrorism In The First Degree.
A person is guilty of this offense when he or she provides
assistance to a person who has committed an act of terrorism
that resulted in death‚ with knowledge or belief that the
person has engaged in such an act.
A
person "renders criminal assistance" when he or
she:
-
Harbors or conceals a terrorist‚
-
Provides a terrorist with money‚ transportation
or a weapon‚
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Or suppresses physical evidence.
Death
Penalty for Terrorism
This
law also amended the death
penalty statute to make a person who intentionally murders
another person in furtherance of an act of terrorism eligible
for the death penalty. Under the prior law‚ murder in the
course of a terrorist act was merely an aggravating factor
that the jury could weigh against mitigating evidence when
deciding whether to imposed the death penalty.
2002
Water
Supply Security
New
York State's public health law as been amended to require
certain water suppliers to provide emergency
plans and an analysis of their vulnerability
to terrorist attack. Because the impact of even a minimal
level of contamination in a water supply could result in a
mass casualty‚ the risk of a terrorist attack‚ particularly
on the New York City water supply‚ cannot be overstated.
Identity
Theft
Identity
Theft and its close relationship to precursor acts of
terrorism has also been the focus of new state legislation.
These laws‚ enacted in 2002 recognize that identity theft
crimes may be closely related to terrorism crimes. The law
states that any person guilty of a felony level offense of
identity theft or found in possession of personal identification
information who has a terrorist-related intent now faces enhanced
penalties. The law also provides important protections for
consumers. It allows for a court to order restitution to a
person who has suffered out-of-pocket losses as a result of
an identity theft crime‚ order restitution of losses that
a person incurs when his credit rating is affected‚ and allows
a consumer to bring a civil action against the perpetrator
of the crime to recover for the damages done to the consumer's
credit ratings.
Fingerprinting
of Certain Critical Financial Employees
In
order to ensure an adequate level of trustworthiness in the
securities industry‚ State legislation was also enacted in
2002 that expands
the list of persons employed in the securities industry who
must be fingerprinted as a condition of employment. The
fingerprinting and background checks of employees in the securities
industry will make it easier to screen out those applicants
who have criminal histories inconsistent with their access
to critical or sensitive securities information.
2003
Energy
Security
In
2003‚ the Legislature enacted and the Governor signed measures
for the protection of critical energy generating and transmitting
facilities in New York State. This law requires the following:
A review and analysis‚ to be conducted by the Director
of OHS of measures being taken to protect the security of
critical infrastructure related to energy generation and transmission
located within the state‚ by the public service commission‚
state agencies‚ authorities‚ political subdivisions‚ and by
federal entities.
The Director of OHS has been given the authority to
review any audits or reports conducted by the Public Service
Commission (PSC)‚ any other state or local agency/authority‚
or to the extent practicable‚ by any federal entity‚ related
to the security of such critical infrastructure.
Owners/operators of such facilities shall be required
to provide access to such audits/reports to the director.
Custody of the audits/reports is to remain with the
owners/operators of such plants.
The Director of OHS is also required to report to the
governor‚ the temporary president of the senate‚ the speaker
of the assembly‚ the chairman of the public service commission‚
and the chief executive (or his designee) of any energy
transmission/generating facility affected‚ with appropriate
confidentiality protocols‚ on the security measures being
taken‚ their effectiveness‚ and including recommendations
to improve security.
The PSC may require that any recommendations made by
the Director of OHS be implemented by the owners/operators
of any regulated facilities.
2004
The
“Anti-Terrorism Preparedness Act of 2004”
(Chapter
1 of the Laws of 2004) was signed by the Governor on July
23‚ 2004. Among many
critical anti-terrorism provisions‚ the new law included a codification
and renaming of the Office of Public Security as the Office
of Homeland Security (OHS).
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New Crimes of Possession and Use of a Chemical or Biological
Weapon and Money Laundering for Terrorism
The legislation created new class A-1 felony offenses
for the criminal possession and use of chemical or biological
weapons. These offenses will be punishable by life imprisonment
without the possibility of parole. The bill increased penalties
for chemical or biological weapon threats by providing up
to seven years in prison without parole for causing alarm
by placing or sending a person any substance designed to appear
to look like a hazardous substance.
- Procedural Enhancements Related to Terrorism Prosecutions
Providing law enforcement with greater flexibility to combat terrorism
is a significant part of this omnibus anti-terror law. The
new law eliminated the statute of limitations for such crime
that causes or creates a foreseeable risk of death or serious
physical injury‚ thereby allowing law enforcement to bring
such suspected terrorists to justice at any time. In all other
cases‚ the statute of limitations would be extended to eight
years. Additionally‚ all those convicted of a terrorism crime
are required to submit a DNA sample to the State's DNA databank
Finally‚ New York's eavesdropping and wiretapping laws have
been expanded to include terrorism crimes.
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Codification and Renaming of the Office of Homeland Security
as the New York State Office of Homeland Security
This legislation renamed the New York State Office of Homeland
Security as the Office of Homeland Security. The new law also
continued the Office’s powers and duties‚ as enumerated under
the Governor's October 2001 Executive Order. The Director
of Office of Homeland Security must report to the Legislature
on the state's anti-terrorism preparedness efforts.
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Increased Chemical Plant Security Review
The
Director of the Office of Homeland Security is required to
conduct a review and analysis of security measures at chemical
plants and storage facilities to ensure proper security at
these critical sites.
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Enhanced Airport Security Review
General aviation airports are required to register with the Department
of Transportation to document their security procedures in
a written security plan to be submitted to the Department
of Transportation‚ the State Police‚ and the New York State
Office of Homeland Security. It will require that such plans
be consistent with the most recent security guidelines for
general aviation airports published by the Federal Transportation
Security Administration. Private and public general aviation
airports will be directed to implement additional security
measures‚ including locking all hangars when not in use.
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Statewide Wireless Advisory Council
The
law creates an advisory council to assist the state in developing
a new Statewide Wireless Network to ensure appropriate local
involvement and full coverage for the new system being developed
by the state.
- Hazardous Materials Training
More frequent training for first responders in dealing
with hazardous materials incidents is required.
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